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Ayer board OKs plans for 2 subdivisions

By Amelia Pak-Harvey, apak-harvey@nashobapub.com

Updated:
08/08/2014 11:19:55 AM EDT

AYER -- A proposed 34-unit subdivision on Pleasant Street prompted concerns about traffic, wildlife and the general feel of the neighborhood from dozens of residents who packed Town Hall at a hearing Thursday.

The hearing was for two potential neighborhoods on Nashua and Pleasant streets, proposed by Calvin Moore and his son, CJ., respectively.

The board approved the preliminary plan for the Pleasant Street project, and Nick Powling, an engineer for GPR, Inc. that is assigned to the project, said affected residents would be notified again when the project goes through the Conservation Commission and the Planning Board once more.

The Nashua Street subdivision would involve extending the street to build eight lots on about 5.6 acres of Moore's property.

The plans come just weeks after a Mass Audubon report listed Ayer as the town with the highest development rate in Massachusetts. They also come when the Planning Board lacks its administrative assistant, Susan Sullivan because of a budget cut voted on at spring Town Meeting. Chairman Morris Babcock resigned last week, citing a lack of budget and administrative help.

CJ. Moore's project involves an extension of Pleasant Street and the actual construction of Jackson Street, said Powling.

The project would include a few waivers from current zoning laws, including reducing the width of Pleasant Street to 24 feet and Jackson Street to 22 feet. Town bylaws would require a 36-foot width.

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Miranda Lin, who lives at Howard and Pleasant streets, voiced concerns about wildlife displacement, water drainage and traffic.

"It looks like you're building right up very close to the Rail Trail," she said. She also argued the plan would turn her "tiny, little, nice neighborhood" into a through-way because it would add much more traffic.

"I already have people running my stop sign left, right and center," she said. "I've been working out in the front yard and I've seen at least three a day, people running the stop sign like it wasn't there."

Calvin Moore said his son's development wouldn't go anywhere near the Rail Trail.

"If you're having three people run a stop sign every day, without a doubt there's a good possibility a lot of people live right in that neighborhood," he said.

Moore also emphasized that the project could be a lot more expansive than they are proposing, but it is not going down that route.

"We are building to what the zoning bylaws state what we can do with our property," he said.

Christa Maxant of Jackson Street asked if the land had been offered ot the town for the right of first refusal, as allowed by state law.

Powling said the way to go with that requirement of state law would be to offer the land to the town at a fair-market value.

Developers can't get that value until the plan continues into the definitive process, he said.

Ruth Maxant Schultz on Taft Street argued that Jackson Street has not been used for over 60 years and is mostly vegetation. The work on the street would cut right through her land, she said.

"I think that street all by itself is bad planning," he said. "Additionally say that the project is bad planning."

She argued that the house would be under high-tension wires, which could pose health risks.

"If he decides to do that he runs the risk of trying to sell the house under the high-tension wires," board member Rick Roper responded. "If they have a piece of land and they conform to all our bylaws, we really can't stop them."

Responding to one resident's comment that he was coming across as hostile, Moore waved a packet of papers and said it's "based on this crap," referring to an email chain in town.

The group is affecting his personal family and also contains misquotes, he said.

"These people who wrote this gossip knew what they were talking about," he said.

A Yahoo email group comprised of residents has contained an extensive discussion on the two proposed subdivisions.

Calvin Moore told the board that technically the definitive plan had already been approved.

The plan for the Nashua Street subdivision, he said, was submitted on May 20.

Although the 90-day deadline for planning boards to act on such plans has not yet passed, Moore argued that the board did not have the two-weeks needed to post for another public hearing before the deadline on Aug. 18.

"The way I understand it from our legal team is that we really don't have to be here tonight because this plan is approved by default on a 90-day period--it's basically legally approved," he said. "I'm not playing that game and I'm more than happy, willing to work with the Planning Board on suggestions for improvements."

The board approved the definitive, final plan for the Nashua Street subdivision with comments from the Department of Public Works addressed.

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